Legal Advice

Competition Law and Digital Regulation

Competition law safeguards fair and effective markets across all sectors of the economy. It is designed to prevent anti-competitive agreements, including cartels, and prohibits abuses of dominant market positions. It also governs mergers and acquisitions to ensure that transactions do not restrict competition.

Businesses can become targets of investigations by the European Commission or national competition authorities. In such cases, early strategic advice and expert support are essential. We provide comprehensive legal advice, from preventative compliance programmes to robust defence in contentious proceedings.

Competition law can also serve as a strategic tool. If your business is affected by unfair conduct from competitors, suppliers, or customers, we help you design and implement an effective response, whether through negotiation, regulatory complaints, or litigation.

Many jurisdictions are introducing new digital regulations targeting “digital gatekeepers”. Digital market rules can be enforced directly before national courts, even without prior regulatory action. If anti-competitive conduct is harming your business, we assist in determining the most effective course of action— whether that involves filing a complaint with the relevant authority or initiating court proceedings. We also help clients prepare for follow-on damages actions resulting from regulatory decisions.

Abuse of Dominance

We advise on unilateral conduct by dominant undertakings and represent clients in litigation and out-of-court proceedings. Our experience includes:

• Refusal to supply, refusal to provide services, or refusal to grant licences, including unjustified refusals to licence intellectual property
• Termination of interoperability or withholding of source codes, particularly in IT markets where dominant platforms restrict interoperability or access to updates, potentially foreclosing dependent service providers
• Exploitative pricing, including excessive pricing assessments
• Technology transfer and licensing, combining competition and IP analysis of technology transfer and licence agreements
• FRAND licensing of Standard Essential Patents (SEPs) under fair, reasonable and non-discriminatory (FRAND) terms, in cooperation with economic experts
• Misuse of the patent system, including strategies aimed at artificially extending patent protection or blocking market entry

Cooperation between Competitors

Horizontal agreements

We provide advice on cooperation between independent companies operating at the same level of the production or distribution chain, including patent settlements and R&D collaborations.

Vertical agreements

We provide advice on distribution, franchise, and other supply chain agreements, ensuring compliance with EU and national competition rules.

Merger Control

Most jurisdictions operate merger control regimes that empower authorities to block transactions or impose remedies when approving mergers and joint ventures. We assist clients in assessing merger control and foreign investment risks at an early stage of deal planning. Our services cover the full transaction lifecycle – from risk assessment and notification strategy to negotiations with regulators – ensuring that deals proceed efficiently and securely.

State Aid and Subsidy Control

State aid and subsidy control rules require careful structuring of public funding to ensure compliance with EU law. We advise beneficiaries and competitors on:

• Compatibility assessments of State aid with EU laws and submissions before the European Commission
• Representation in state aid investigations
• Enforcement before national courts
• Proceedings before the European Commission and the Court of Justice of the European Union concerning foreign subsidies that distort competition

Unfair Competition

We represent clients in litigation and out-of-court disputes involving unfair market practices, including:

• Infringement of a competitor’s reputation
• Calls for boycott
• Passing off (misleading imitation of appearance or business identity)
• Unlawful comparative advertising
• Misleading customers